Madras High CourtWP/4189/2024disposed of

Palanimurugan Spintex v. The Chairman

2024-02-20Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH M/s. Palanimurugan Spintex No.1/454, Managalam to Palladam Road, Near Kathiravan School, Poomalur Post, Palladam Taluk, Tirupur - 641 663 Rep. by its Authorized Signatory, C.K.Iyappan .. Petitioner vs 1.The Chairman, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Non Conventional Energy Sources, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents and their men, agents from collecting current consumption charges, demand charges and any arrears from the petitioner's captive consumer current consumption bills in HSTC No. 1/4

039094320721 till the entire outstanding dues of Rs.20,00,000/- payable to the petitioner along with interest towards refundable security deposit in the account of the petitioner's solar power plant HSTC No. 04953437046 is paid or given adjustment in the current consumption charges payable by the petitioner till the entire amount is adjusted.

For Petitioner :

Mr.Ali Hassan Khan For Respondents :

Mr.D.R.Arun Kumar Standing Counsel

ORDER

Mr.D.R.Arun Kumar, learned standing counsel, accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at the stage of admission.

2. The prayer is for a mandamus forbearing the respondents, officials of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from collecting current consumption charges or any further charges till the entirety of the outstanding dues of Rs.20,00,000/- is adjusted as against the consumption charges.

3. Mr.Arun Kumar, would acquiesce to the position that the amount of Rs.20,00,000/- as quantified by the petitioner is indeed arrears due to the petitioner.

4. Thus, and in light of the aforesaid admission, mandamus 2/4

is issued forbearing the respondents from collecting the current consumption charges and directing the respondents to adjust the outstanding due first as against the charges.

5. It is seen that similar orders have been passed in identical circumstances in Writ Petitions in W.P.Nos.33072 of 2022 dated 07.12.2022 and W.P.No.1857 of 2023 dated 14.02.2023.

6. In light of the above, this Writ Petition stands allowed. No costs.

20.02.2024 Index:Yes/No ssm To 1.The Chairman, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Non Conventional Energy Sources, Tamilnadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Coimbatore South Electricity Distribution Circle, Coimbatore 3/4

DR. ANITA SUMANTH,J.

ssm 20.02.2024 4/4